The Gazette 1991

JU LY/AUGUST

1991

GAZETTE where sufficient evidence was available the matter was referred to the Director of Public Prosecutions for direction as to whether a pro- secution should take place. RAPE AND OTHER SEXUAL OFFENCES The law with respect to rape and other sexual offences has recently been amended by the Criminal Law (Rape) (Amendment) Act, 1990. That Act entered into force on January 18, 1991. The Minister for Justice informed the Dáil in relation to a parliamentary question on May 2, 1991 that the 1990 Act represented a significant updating of the law on sexual assaults and provided for increased protection for women who were victims of rape. The penalties provided for in the 1990 Act are severe. Crimes which were heretofore classed as indecent assault - carrying a maximum sentence of ten years imprisonment - can now result in a charge of sexual assault, aggra- vated sexual assault or rape under section 34 of the 1990 Act. The offence of sexual assault covers the less severe offences and carries

a maximum penalty of five years. However, the more serious charges of aggravated sexual assault and rape under section 4 attract a maximum penalty of life imprisonment. The maximum penalty for rape itself is life imprisonment and was unaffected by the 1990 Act. The Minister informed the Dáil that the 1990 Act brought about a major improvement in the pro- tection afforded by the criminal law to married women who have been subjected to sexual abuse. The 1990 Act abolished the rule that a husband could not normally be found guilty of raping his wife so that marital rape is now fully recognised as a crime. Before the 1990 Act was intro- duced concern was expressed that rape trials were extremely dis- tressing for the victims and that this had discouraged women from reporting such crimes. A number of measures had been taken to reduce the trauma suffered by complain- ants in sexual assault cases. Res- trictions on adducing evidence relating to the complainant's past sexual history have been extended

and provision had been made for the anonymity of complainants in all sexual assaults cases. Prosecutions for rape, rape under section 4 and aggravated sexual assault are now, by virtue of the 1990 Act, tried in the Central Criminal Court rather than the Circuit Court and the general public are not admitted. Furthermore the civil legal aid scheme has been extended, subject to normal conditions, to allow a complainant in such cases to consult a legal aid solicitor who may accompany the complainant into court. Arrange- ments were being made by the Director of Public Prosecutions to provide pre-trial consultations with all witnesses including the com- plainant and to enable complain- ants to be familiarised with the procedure and layout of the court. The Garda authorities were very much aware of the problems of rape and sexual assault and gardai have, in recent years undergone specialised training to equip them to deal sympathetically and effect- ively with the victims of such crimes. The Garda authorities also make every effort to ensure that

"It shows the Spirit of Christ taking place, the story of Sister Consilio speaks for itself" — Most Rev. Dr. Eamon Casey, Bishop of Galway.

"Did anyone get it?" When you can't afford to miss a single word, anytime, anywhere, trust the quality of a portable dictating machine from Dictaphone the first name in dictation. The last word every time.

Sister Consilio has been helping men and women suffering from Alcoholism, for over twenty - five years. She now urgently needs your help to build her Cuan Mhuire Rehabilitation Centre, in Athy. Bequests, Donations etc. most greatfully received by the Sister Consilio Fund, Cuan Mhuire, Athy, Co. Kildare.

For more information on the new Dictaphone portable dictating machine, Desktop or

Digital Dictating Systems, please dial 100 and ask for FREEFONE DICTAPHONE. f p Dictaphone A Pitnev Bowes Company Dictaphone Company Limited, Loughlinstown Drive, Dunlaoghaire, Co. Dublin. Tel: 01 2825222 DICTAPHONE ISA REGISTEREDTRADE A

197